Il caso Diciotti: tra obblighi di soccorso in mare e garanzia dei diritti fondamentali

The Diciotti Affair: from the duty to rescue at sea to the protection of fundamental rights

Abstract

This paper aims at providing a legal analysis of the recent Diciotti Affair by taking into account the international implications of the Italian Government’s
behavior. On one side, the comment focuses on the potential responsibility of Italy, which could arise from the infringement of the international duty to rescue at sea. On the other side, the essay examines how the events occurred on the ship could give rise to violations of fundamental rights of each individual, notably connected to articles 3 and 5 of ECHR and to the universally recognised best interest of the child.

Keywords: Rescue at sea; Place of safety; Human rights; ECHR; Unaccompanied child.